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Judge bars Colorado school voucher law, saying it strips local control
Associated Press
Steven K. Paulson
12/04/03

Parents hoping to give their children's education a lift with a new state school voucher program that could have opened the doors to private schools are scrambling about what to do, now that a judge has declared the program unconstitutional.

School officials simply are awaiting word on the next step in the dispute.

District Judge Joseph Meyer on Wednesday ruled the new law unfairly stripped local school boards of their authority and experts said the same argument may be used to scrap voucher plans across the country. Meyer also issued an injunction barring the state from implementing the program.

"I see no way to interpret the voucher program statute in a way that does not run afoul of the principle of local control," the judge said.

Colorado's pilot program for low-income children was the first in the nation to be enacted after last year's U.S. Supreme Court ruling upholding a voucher program in Cleveland. But it was challenged in court by a coalition of teachers and education groups.

Angelia Teague, a single mother of two 11-year-old middle schoolers, said she has been shopping for a private school and was disappointed by the ruling. She said she cannot afford private schools alone.

"This would have given my children an opportunity to improve their quality of life and would have given them the same opportunities as people who are more affluent," she said.

Norm Ridder, superintendent of schools for Colorado Springs District 11, with 31,000 students, said parents already have been notified to apply for the vouchers program in his district by Jan. 2. Now he'll simply wait -- for word from state education officials or the court -- on what's next.

"I don't want to be the bouncing ball here," he said.

JMarie Johnson-Kola, spokeswoman for the 11,000-student Harrison School District 2 in Colorado Springs, said the same thing. Her district had sent 2,000 letters to parents informing them of the program.

Scott Flores, who has three children in St. Vrain Valley Schools, chastised teachers' union officials who said at a news conference they would not support any program that takes away money from public schools.

"You don't think parents know what is better for their children?" he asked.

Marti Houser, attorney for the Colorado Education Association which represents 37,000 teachers, said parents have their say when they vote for school board members.

"The goals of the voucher program are laudable, and providing vouchers so that select children may use public funds to attend private schools may be an effective means of addressing the educational disparities the General Assembly has recognized," Meyer said. "However, even great ideas must be implemented within the framework of the Colorado Constitution."

Attorney General Ken Salazar said he will ask the judge to lift the injunction during the appeal. Gov. Bill Owens criticized the decision.

"Children from low-income families should not be facing a dead end if they are in a school that is below par," Owens said.

The Colorado law required $4,500 vouchers to be offered to children in kindergarten through 12th grade to help offset private school tuition. The law would have required some districts with low-rated schools to offer the vouchers, while other districts could participate if they chose.

Chip Mellor, president of the Institute For Justice, said his conservative law firm would back the state in its appeal.

"We believe this program is too important to the children who desperately need the educational opportunities this program will provide," Mellor said.

Last year, the Supreme Court narrowly rejected a challenge to the voucher program in Cleveland, saying the program is acceptable because it offers parents a wide choice of private schools.

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